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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
September-1939 Jurisprudence                 

  • G.R. No. 46562 September 13, 1939 - BARDWIL BROS. v. PHIL. LABOR UNION

    068 Phil 436

  • G.R. No. 46673 September 13, 1939 - ANDRES P. GOSECO v. COURT OF INDUSTRIAL RELATIONS

    068 Phil 444

  • G.R. No. 45596 September 18, 1939 - MARCOS LIPANA v. DOMlNGO LAO Y OTROS

    068 Phil 451

  • G.R. No. 46412 September 18, 1939 - PEOPLE OF THE PHIL. v. MANOJI

    068 Phil 471

  • G.R. No. 46497 September 18, 1939 - ANTONIO S. SANAGUSTIN v. CONRADO BARRIOS

    068 Phil 475

  • G.R. No. 46170 September 20, 1939 - PEOPLE OF THE PHIL. v. FERMIN PUNTO

    068 Phil 481

  • G.R. No. 46780 September 20, 1939 - FISCAL OF CAMARINES NORTE v. JUDGE OF FIRST INSTANCE OF CAMARINES NORTE

    068 Phil 483

  • G.R. No. 46108 September 22, 1939 - PEOPLE OF THE PHIL. v. DATU GALANTU MEDTED

    068 Phil 485

  • G.R. No. 46109 September 22, 1939 - PEOPLE OF THE PHIL. v. NICOLAS CARPIO

    068 Phil 490

  • G.R. No. 46197 September 22, 1939 - KINKWA MERIYASU CO. v. COLLECTOR OF CUSTOMS

    068 Phil 501

  • G.R. No. 46302 September 22, 1939 - PEOPLE OF THE PHIL. v. TORIBIO C. COSTES

    068 Phil 503

  • G.R. No. 46578 September 22, 1939 - PEOPLE OF THE PHIL. v. ANICETO MARQUEZ

    068 Phil 506

  • G.R. No. 46580 September 22, 1939 - PEOPLE OF THE PHIL. v. PEDRO DE GUZMAN

    068 Phil 508

  • G.R. No. 46602 September 22, 1939 - YAP TAK WING & CO. v. MUNICIPAL BOARD

    068 Phil 511

  • G.R. No. 46686 September 22, 1939 - TRANQUILINO RUBIS v. PHILIPPINE CHARITY SWEEPSTAKES

    068 Phil 515

  • G.R. No. 46715 September 22, 1939 - PEOPLE OF THE PHIL. v. EMILIO DE JESUS

    068 Phil 517

  • G.R. No. 46068 September 23, 1939 - PEOPLE OF THE PHIL. v. EUSTAQUIO CAROZ

    068 Phil 521

  • G.R. No. 46650 September 23, 1939 - MARIO BENGZON v. AUDITOR GENERAL

    068 Phil 527

  • G.R. No. 46652 September 23, 1939 - PEOPLE OF THE PHIL. v. CASIMIRO CONCEPCION

    068 Phil 530

  • G.R. Nos. 46802-46812 September 23, 1939 - PEOPLE OF THE PHIL. v. RESURRECCION B. PEÑAS

    068 Phil 533

  • G.R. No. 46739 September 23, 1939 - PAMPANGA BUS CO., INC. v. PAMBUSCO EMPLOYEES UNION

    068 Phil 541

  • G.R. No. 46668 September 26, 1939 - GOVERNMENT OF THE PHIL. v. PAMPANGA SUGAR MILLS

    068 Phil 547

  • G.R. No. 46729 September 25, 1939 - KAPISANAN NG MGA MANGAGAWA SA PANTRANCO v. COURT OF INDUSTRIAL RELATIONS

    068 Phil 552

  • Adm. Case No. 879 September 27, 1939 - PEDRO DE GUZMAN v. TOMAS B. TADEO

    068 Phil 554

  • G.R. No. 46080 September 27, 1939 - GUILLERMO A. CU UNJIENG v. HONGKONG & SHANGHAI BANKING CORP.

    068 Phil 559

  • G.R. No. 46094 September 27, 1939 - PEOPLE OF THE PHIL. v. FERNANDO C. QUEBRAL

    068 Phil 564

  • G.R. No. 46237 September 27, 1939 - ROSALIO MARQUEZ v. BERNARDO CASTILLO

    068 Phil 568

  • G.R. No. 46350 September 27, 1939 - TAN CHAY v. GOVERNMENT OF THE PHIL.

    068 Phil 572

  • G.R. No. 46470 September 27, 1939 - JUAN CASTILLO v. DIRECTOR OF LANDS

    068 Phil 577

  • G.R. No. 46539 September 27, 1939 - PEOPLE OF THE PHIL. v. VALENTIN DOQUEÑA

    068 Phil 580

  • G.R. Nos. 46553-46555 September 27, 1939 - PEOPLE OF THE PHIL. v. LEON FABILLAR

    068 Phil 584

  • G.R. No. 46615 September 27, 1939 - PEOPLE OF THE PHIL. v. ALBERTO AQUINO

    068 Phil 588

  • G.R. No. 46727 September 27, 1939 - PAMBUSCO EMPLOYEES’ UNION v. COURT OF INDUSTRIAL RELATIONS

    068 Phil 591

  • G.R. No. 46168 September 29, 1939 - INTERNATIONAL HARVESTER CO. OF THE PHIL. v. DELFIN MAHINAY

    068 Phil 597

  • G.R. No. 46336 September 29, 1939 - REVEREND ULRIC ARCAND v. PEOPLE OF THE PHIL.

    068 Phil 601

  • G.R. No. 46458 September 29, 1939 - ERLANGER & GALINGER v. HERMENEGILDO G. ALAGAR

    068 Phil 610

  • G.R. No. 46725 September 29, 1939 - PEOPLE OF THE PHIL. v. MAXIMINO AQUINO

    068 Phil 615

  • G.R. No. 46023 September 30, 1939 - PEOPLE OF THE PHIL. v. JESUS FLORENDO

    068 Phil 619

  • G.R. No. 46252 September 30, 1939 - PEOPLE OF THE PHIL. v. LEONOR DE MOLL

    068 Phil 626

  • G.R. No. 46298 September 30, 1939 - PEOPLE OF THE PHIL. v. DATU AMBIS

    068 Phil 635

  • G.R. No. 46390 September 30, 1939 - CASIMIRO TIANGCO v. PROCESO FRANCISCO

    068 Phil 639

  • G.R. No. 46396 September 30, 1939 - ALEJANDRO DE GUZMAN v. VISAYAN RAPID TRANSIT CO.

    068 Phil 643

  • G.R. No. 46451 September 30, 1939 - PAZ CHUA v. SECRETARY OF LABOR

    068 Phil 649

  • G.R. No. 46484 September 30, 1939 - SANTIAGO SAMBRANO v. RED LINE TRANSPORTATION CO., INC.

    068 Phil 652

  • G.R. No. 46724 September 30, 1939 - CRESCENCIO REYNES v. ROSALINA BARRERA

    068 Phil 656

  • G.R. No. 46728 September 30, 1939 - PEOPLE OF THE PHIL. v. EDUARDO MONTENEGRO

    068 Phil 659

  •  





     
     

    G.R. No. 46650   September 23, 1939 - MARIO BENGZON v. AUDITOR GENERAL<br /><br />068 Phil 527

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. 46650. September 23, 1939.]

    MARIO BENGZON and PROTACIO CLARIN, Petitioners, v. THE AUDITOR GENERAL and THE COMMISSIONER OF CIVIL SERVICE, Respondents.

    Mario Bengzon in his own behalf.

    Solicitor-General Ozaeta and Assistant Attorney Amparo for Respondents.

    SYLLABUS


    ’’MANDAMUS" ; PARTIES. — It appearing from the exhibits filed by the respondents that P. C. has given no authority to attorney M. B. to file this action against the respondents, and it appearing further that P. C. had, on two subsequent occasions, repudiated the special power-of-attorney relied upon by M. B., Held: That the respondents, Auditor-General and Commissioner of Civil Service, cannot be said to have neglected to perform the duties enjoined to them by law in refusing to pay to the petitioner, M. B., the gratuity in question.


    D E C I S I O N


    MORAN, J.:


    A petition for mandamus.

    Petitioner Mario Bengzon seeks to compel the Auditor General and the Commissioner of Civil Service to pay to him, the gratuity belonging to ex-Justice of the Peace Protacio Clarin, who was retired under the provisions of Commonwealth Act No. 331. The petition rests upon a special power-of-attorney executed in favor of the petitioner by said Protacio Clarin, wherein the former was authorized to receive from the proper authorities the gratuity to which the latter was entitled under the law.

    This Court, by resolution of April 26, 1939, ordered that Protacio Clarin be included in this action as petitioner, he being an indispensable party, and on April 29, 1939, an amended petition was filed, wherein Protacio Clarin and Mario Bengzon appeared to be the petitioners, represented by the latter as attorney.

    It appearing from the exhibits filed by the respondents that Protacio Clarin has given no authority to attorney Mario Bengzon to file this action against the respondents, and it appearing further that Protacio Clarin had, on two subsequent occasions, repudiated the special power-of-attorney relied upon by Mario Bengzon, we hold that the respondents, Auditor General and Commissioner of Civil Service, cannot be said to have neglected to perform the duties enjoined to them by law in refusing to pay to the petitioner, Mario Bengzon, the gratuity in question.

    Petition is denied, and writ of preliminary injunction dissolved, with costs against petitioner.

    Avanceña C. J., Villa-Real, Imperial, Diaz, Laurel, and Concepcion, JJ., concur.

    RESOLUTION

    January 11, 1940

    MORAN, J.:



    Petitioner Mario Bengzon moves for the reconsideration of the decision of this Court in G. R. No. 46650, promulgated September 23, 1939, on the ground that he has not been accorded an opportunity to be heard.

    The record discloses, and the petitioner so admits, that on May 18, 1939, he was advised of the resolution of this Court of May 18, 1939 wherein it was ordered that the case be included in the next court calendar." The rules of this Court, of which the petitioner must necessarily be charged notice, specify the date when the calendars shall be called and cases assigned for hearing. (Rule 30, Supreme Court.) Not having appeared at the date specified in said rules, petitioner is deemed to have waived his right to hearing and to have submitted the case for decision without argument.

    Petitioner urges certain matters obviously foreign to the issue involved in his petition for mandamus. This Court denied the petition upon the sole ground that, in the light of the circumstances under which the respondents Auditor General General and Commissioner of Civil Service have acted, they cannot be said to have neglected to perform the duties enjoined to them by law in refusing to pay said petitioner the gratuity in question. Nothing has been said with respect to the validity and enforcibility of the power of attorney, it being a matter proper to be determined, not in an action for mandamus against the Auditor General and Commissioner of Civil Service, but in an ordinary action in courts of general jurisdiction, wherein both parties may introduce evidence thereon. Pronouncements have been cautiously avoided which might in any way be construed to close the doors to the petitioner and Protacio Clarin in the vindication of their respective claims against one another in the proper action or proceeding. The rights to which the conflicting claimants are entitled are in no wise foreclosed by the decision of this court.

    Petitioner alleges that this Court has not made a careful study of the pleadings and all the issues involved in the case. In every litigation, courts have to decide no more than the real issues of the case and are not bound to follow every collateral matter that parties may choose to urge. It should be observed that remarks of this nature certainly are not only unwarranted, but may constitute a sufficient ground for disciplinary action. No such action, however, need be taken in this respect under the circumstances except to make the admonition that, while attorneys may tolerably conduct their case with utmost zeal and earnestness, they should, however, always guard against such excesses of passion as would render them oblivious of their duties of respect and loyalty to the Court of which they are officers.

    Motion for reconsideration is denied.

    Avanceña, C.J., Villa-Real, Imperial, Diaz, Laurel, and Concepcion, JJ., concur.

    G.R. No. 46650   September 23, 1939 - MARIO BENGZON v. AUDITOR GENERAL<br /><br />068 Phil 527


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